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(영문) 서울중앙지방법원 2015.09.16 2015나32355
손해배상
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

The plaintiff's assertion as to the cause of claim was caused by the defendant's insult as shown in the attached Form. The defendant is obligated to pay consolation money of 1.5 million won and damages for delay caused by the above tort to the plaintiff.

Judgment

Comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 and 2, the fact that the defendant was issued a summary order of KRW 1 million (Seoul Central District Court 2014 High Court 22400,000) for the same facts constituting an offense as indicated in the separate sheet, and the above summary order can be acknowledged that it became final and conclusive around that time.

According to the above facts of recognition, the defendant used a language that could undermine the plaintiff's social reputation in a hosting hold where many unspecified persons can confirm the contents of writing, thereby insulting the plaintiff, and thereby suffered mental suffering. Thus, the defendant is obligated to pay the plaintiff the above damages in money.

Furthermore, regarding the amount of consolation money, the amount of consolation money shall be determined as KRW 150,000, in consideration of the circumstances shown in the pleadings of this case, such as the health team, the circumstance in which the defendant committed such insult, the content and purpose of the writing posted by the defendant, etc.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the rate of 5% per annum under the Civil Act from January 4, 2014, which is the date of the last illegal act for which the Plaintiff seeks compensation, to April 30, 2015, and 20% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

In conclusion, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and therefore the plaintiff's appeal is without merit.

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